Secretarial Compliances

The Companies Act, 2013 requires every company and its authorized officers to ensure orderly management and reporting of certain secretarial documents, registers, annual compliance(s), and file intimation on the occurrence of notified events.

For your understanding we have mentioned below a brief of such requirements:

1. Maintenance of records and registers:

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Every company is required to maintain specified records and registers to ensure compliance and promote transparency.  As per the act, these records must be kept at the registered office of the company and be made accessible to any stakeholder who may request access.

Different types of records and registers that are required to be maintained as per the Companies Act, 2013:

1. Register of Members,
2. Register of Directors,
3. Register of Contracts,
4. Register of Charges, etc.
5. Minutes of meetings of the board of directors, members, shareholders.

2. Annual Fillings

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At the end of each financial year, every Indian company is required to file its annual financial statements and summary of accounts with the Registrar of Companies along with a return having details about the various activities undertaken during the respective financial year.

Several other forms and documents are also required to be filed by the company along with this annual return. These forms are required to be certified by a practicing Chartered Accountant or a practicing Company Secretary.

Other annual compliances include circulation of financial statements & other relevant documents, convening the annual general meeting (AGM), appointing statutory auditors, filing annual electronic forms including XBRL filing of financial statements, annual returns, etc.

3. Informing ROC on the occurrence of specified events:

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Below are a few notified events, the occurrence of which needs to be intimated to the Registrar of Companies by filing specified forms:

1. Appointment of the statutory auditor
2. Change in the statutory auditor
3. Appointment of Managing Director/ Whole Time Director
4. Appointment/Resignation of directors
5. Change in the bank signatories
6. Alteration of the main object of the company
7. Amendment of Memorandum of Association & Articles of Association
8. Change in the registered office of the company, etc.
9. Increase in Authorized Share Capital.
10. Share allotment, Share transfer, issue, and exchange of Share warrants.
11. Employees Stock Options - its administration and implementation
12. Buy-back of Securities
13. Change in Contribution in case of LLP
14. Registration of Charge
15. Reviving Active Companies that have been “Struck-off”
16. Filings under Condonation of Delay Scheme (CODS)
17. Corporate Social Responsibility (CSR) - Conceptualization & Consultation
18. CSR Management
19. Regulatory Approvals & Compliances- DIPP, STPI, SEZ, RBI, SEBI, IRDAI, DGS&D, TRAI, etc.
20. Change of Name

Every company and its officers must ensure timely filing of statutory returns with the Registrar of Companies in strict compliance with the requirements of the Companies Act. If a company fails to comply with the requirements of the Companies Act, the company, every director, secretary /and manager of the company are liable to penalty and/or prosecution.

How can SSI help you with your secretarial compliances?

SSI has a qualified team of experienced lawyers, qualified company secretaries, and well-trained finance professionals who have the immensely practical, technical knowledge and required expertise who assist all our clients to ensure effective compliance management and deal with issues in corporate legal, secretarial compliance and maintain proper Corporate Governance.